| (1) |
An individual may petition the juvenile court for an order to expunge the individual’s juvenile record if:
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Terms Used In Utah Code 80-6-1004.1- Adjudication: means a finding by the court, incorporated in a decree, that the facts alleged in the petition have been proved. See Utah Code 80-1-102
- Agency: means a state, county, or local government entity that generates or maintains records relating to a nonjudicial adjustment or an adjudication for which expungement may be ordered under this part. See Utah Code 80-6-1001
- Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. See Utah Code 80-1-102
- committed: means , unless specified otherwise:
| (a) | with respect to a child, to transfer legal custody; and |
| (b) | with respect to a minor who is at least 18 years old, to transfer custody. See Utah Code 80-1-102- Division: means the Division of Juvenile Justice Services created in Section 80-5-103. See Utah Code 80-6-102
- Expunge: means to seal or otherwise restrict access to an individual's record held by a court or an agency when the record relates to a nonjudicial adjustment or an adjudication of an offense in the juvenile court. See Utah Code 80-6-1001
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Juvenile record: means all records for all incidents of delinquency involving an individual that are in the custody of the juvenile court or an agency. See Utah Code 80-6-1001 v2
- Nonjudicial adjustment: means closure of the case by the assigned juvenile probation officer, without an adjudication of the minor's case under Section 80-6-701, upon the consent in writing of:
| (a) | the assigned juvenile probation officer; and |
| (b) | | (ii) | the minor and the minor's parent, guardian, or custodian. See Utah Code 80-1-102- Person: means :Utah Code 68-3-12.5
- Petitioner: means an individual requesting an expungement or vacatur under this part. See Utah Code 80-6-1001 v2
- Prosecuting attorney: means :
| (a) | the attorney general and any assistant attorney general; |
| (b) | any district attorney or deputy district attorney; |
| (c) | any county attorney or assistant county attorney; and |
| (d) | any other attorney authorized to commence an action on behalf of the state. See Utah Code 80-1-102- Restitution: means money or services that the juvenile court, or a juvenile probation officer if the minor agrees to a nonjudicial adjustment, orders a minor to pay or render to a victim for the minor's wrongful act or conduct. See Utah Code 80-6-102
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Secure care: means placement of a minor, who is committed to the Division of Juvenile Justice and Youth Services for rehabilitation, in a facility operated by, or under contract with, the Division of Juvenile Justice and Youth Services, that provides 24-hour supervision and confinement of the minor. See Utah Code 80-1-102
- Victim: includes :
| (i) | any person directly harmed by the minor's wrongful act or conduct in the course of the scheme, conspiracy, or pattern if the minor's wrongful act or conduct is an offense that involves an element of a scheme, a conspiracy, or a pattern of criminal activity; and |
| (b) |
the individual has reached 18 years old; and |
| (c) |
at least one year has passed from the day on which:
| (i) |
the juvenile court’s continuing jurisdiction was terminated; or |
| (ii) |
if the individual was committed to secure care, the individual was unconditionally released from the custody of the division. |
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| (2) |
If a petitioner is 18 years old or older and seeks an expungement under Subsection (1), the petition shall include a criminal history report obtained from the Bureau of Criminal Identification in accordance with Section 53-10-108. |
| (3) |
If the juvenile court finds and states on the record the reason why the waiver is appropriate, the juvenile court may waive:
| (a) |
the age requirement under Subsection (1)(b) for a petition; or |
| (b) |
the one-year requirement under Subsection (1)(c) for a petition. |
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| (4) |
| (a) |
Upon the filing of a petition described in Subsection (1)(a), the juvenile court shall:
| (i) |
set a date for a hearing; and |
| (ii) |
at least 30 days before the day on which the hearing on the petition is scheduled, notify the prosecuting attorney and any affected agency identified in the petitioner’s juvenile record:
| (A) |
that the petition has been filed; and |
| (B) |
of the date of the hearing. |
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| (b) |
| (i) |
The juvenile court shall provide a victim with the opportunity to request notice of a petition described in Subsection (1). |
| (ii) |
Upon the victim’s request under Subsection (4)(b)(i), the victim shall receive notice of the petition at least 30 days before the day on which the hearing is scheduled if, before the day on which an expungement order is made, the victim, or the victim’s next of kin or authorized representative if the victim is a child or an individual who is incapacitated or deceased, submits a written and signed request for notice to the juvenile court in the judicial district in which the offense occurred or judgment is entered. |
| (iii) |
The notice described in Subsection (4)(b)(ii) shall include a copy of the petition and any statutes and rules applicable to the petition. |
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| (c) |
At the hearing, the prosecuting attorney, a victim, and any other individual who may have relevant information about the petitioner may testify. |
| (d) |
The juvenile court may waive the hearing for the petition if:
| (i) |
| (A) |
there is no victim; or |
| (B) |
if there is a victim, the victim agrees to the waiver; and |
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| (ii) |
the prosecuting attorney agrees to the waiver. |
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| (5) |
| (a) |
Except as provided in Subsection (6), the juvenile court may grant a petition described in Subsection (1) and order expungement of the petitioner’s juvenile record if the juvenile court finds that the petitioner is rehabilitated to the satisfaction of the court in accordance with Subsection (5)(b). |
| (b) |
In deciding whether to grant a petition described in Subsection (1), the juvenile court shall consider:
| (i) |
whether expungement of the petitioner’s juvenile record is in the best interest of the petitioner; |
| (ii) |
the petitioner’s response to programs and treatment; |
| (iii) |
the nature and seriousness of the conduct for which the petitioner was adjudicated; |
| (iv) |
the petitioner’s behavior subsequent to adjudication; |
| (v) |
the petitioner’s reason for seeking expungement of the petitioner’s juvenile record; and |
| (vi) |
if the petitioner is a restricted person under Subsection 76-10-503(1)(a)(iv) or (b)(ii):
| (A) |
whether the offense for which the petitioner is a restricted person was committed with a weapon; |
| (B) |
whether expungement of the petitioner’s juvenile record poses an unreasonable risk to public safety; and |
| (C) |
the amount of time that has passed since the adjudication of the offense for which the petitioner is a restricted person. |
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| (6) |
The juvenile court may not grant a petition described in Subsection (1) and order expungement of the petitioner’s juvenile record if:
| (a) |
the petitioner has been convicted of a violent felony within five years before the day on which the petition for expungement is filed; |
| (b) |
there are delinquency or criminal proceedings pending against the petitioner; |
| (c) |
the petitioner has not satisfied a judgment of restitution entered by the juvenile court for an adjudication in the petitioner’s juvenile record; |
| (d) |
the petitioner has not satisfied restitution that was a condition of a nonjudicial adjustment in the petitioner’s juvenile record; or |
| (e) |
the petitioner’s juvenile record contains an adjudication for a violation of:
| (i) |
Section 76-5-202, aggravated murder; or |
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Enacted by Chapter 115, 2023 General Session
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